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BRANCH v. U.S.

No. 95-5022.

69 F.3d 1571 (1995)

Dr. Ben BRANCH, Trustee of Bank of New England Corporation, derivatively and on behalf and in the name of Maine National Bank, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 13, 1995.

Attorney(s) appearing for the Case

William F. Sheehan, Shea & Gardner, Washington, DC, argued for plaintiff-appellee. Of counsel was Celestine R. McConville, Shea & Gardner.

Jacob M. Lewis, Appellate Staff, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, and Mark B. Stern. Of counsel were Thomas A. Schulz, Assistant General Counsel, and Wendy B. Kloner, Counsel, Federal Deposit Insurance Corporation, Washington, DC.

Before PLAGER, CLEVENGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This case presents a question of first impression for this court: whether the federal government violated the Takings Clause of the Fifth Amendment when it seized the assets of a bank to offset losses resulting from the failure of another bank owned by the same bank holding company. The Court of Federal Claims held that the seizure of the bank's assets constituted an uncompensated taking and therefore violated the Fifth Amendment. Branch...

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